Disposed¶51

Sri Chaluvarayaswamy Dalitha Hagu Hindulida Vargadavara Kshemabhruviddi Sangha v. the State of Karnataka

Karnataka HC8 Jan 2025WP/11256/2024

Case brief

AI extract

What is this about?

Bengaluru Development Authority site allotment; displaced persons' welfare society; third writ petition; W.P.No.6152/2014 disposed 02.06.2014; W.P.No.11891/2020 disposed 05.11.2020; BDA endorsement dated 18.03.2024; suspicion as to 153 members' claims; detailed verification; no cause of action; representation dated 25.03.2024 (Annexure-J); 156 members; 243 members; six-month outer limit; Articles 226 & 227 Constitution of India; NC: 2025:KHC:620; State of Karnataka Urban Development Department; M.G.S. Kamal, J.

What did the court decide?

Writ petition disposed of; respondent-BDA directed to expedite consideration of the petitioner's representation within an outer limit of six months from receipt of certified copy of the order. ¶51

Sri Chaluvarayaswamy Dalitha Hagu Hindulida… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of; respondent-BDA directed to expedite consideration of the petitioner's representation within an outer limit of six months from receipt of certified copy of the order.

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Issue for consideration

Whether respondent-BDA is required to allot sites in the near vicinity to the area from which the members of the petitioner society (per Annexure-D dated 29.05.2017) were displaced, as allotted to other 243 members, or alternatively to consider the petitioner's representation dated 25.03.2024 for allotment of sites in favour of 156 members. +1 more

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Court's answer

While disposing of the writ petition, and notwithstanding such disposal, respondent-BDA was directed to expedite the process of considering the petitioner's representation within an outer limit of six months from the date of receipt of certified copy of the order.

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Ratio / Principle

Respondent-BDA has neither rejected nor declined to consider the representation of the petitioner; it has expressed apprehension with regard to the claim of 153 members and has further stated that it would take necessary action after due verification of the records. Consequently, there is no cause of action for the petitioner to come to this Court at this juncture.

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Detailed headnote1 paragraphs

Karnataka High Court (Hon'ble Mr Justice M.G.S. Kamal), Writ Petition No. 11256 of 2024 (BDA), decided 08.01.2025 [NC: 2025:KHC:620] - A registered society of displaced persons (Dalitha Hagu Hindulida Vargadavara Kshemabhruviddi Sangha), appearing for the third time after W.P.No.6152/2014 (disposed 02.06.2014) and W.P.No.11891/2020 (disposed 05.11.2020) had yielded directions to consider its representation, sought allotment of sites by BDA in the vicinity for its displaced members or, alternatively, consideration of its representation dated 25.03.2024 in favour of 156 members. BDA's endorsement dated 18.03.2024 had flagged suspicion as to the allotment claims of 153 members and undertaken detailed verification in accordance with law. Holding that BDA had neither rejected nor declined the representation and that, therefore, no cause of action existed at that juncture, the Court disposed of the writ petition while directing BDA to expedite consideration of the representation within an outer limit of six months from receipt of a certified copy of the order. Filed under Articles 226 & 227 of the Constitution of India.

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NC: 2025:KHC:620 WP No. 11256 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11256 OF 2024 (BDA)

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BETWEEN:

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SRI CHALUVARAYASWAMY DALITHA HAGU HINDULIDA VARGADAVARA KSHEMABHRUVIDDI SANGHA HAVING THE REGISTERED OFFICE AT NO.155/C, 4TH CROSS, BDA LAYOUT, CHAMUNDINAGARA, BANASHANKARI III STAGE BENGALURU-560085 REPRESENTED BY ITS GENERAL SECRETARY, SRI T. PRABHAKAR, S/O LATE N THIMMAPPA GOWDA, AGED ABOUT 60 YEARS.

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Digitally signed by SUMA B N Location: High Court of Karnataka

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(BY SRI. JAGADEESHA P., ADVOCATE)

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…PETITIONER

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AND:

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560001

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NC: 2025:KHC:620 WP No. 11256 of 2024

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THE BENGALURU DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560020

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…RESPONDENTS

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(BY SMT. B.SUKANYA BALIGA, AGA FOR R-1, SRI. MURUGESH V. CHARATI, ADVOCATE FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 BENGALURU DEVELOPMENT AUTHORITY TO ALLOT THE SITES IN ANY NEAR VICINITY TO THE AREA FROM WHICH THE MEMBERS OF THE PETITIONER SOCIETY AS SHOWN AT ANNEXURE-D DATED 29.05.2017 WERE DISPLACE, AS ALLOTTED IN FAVOUR OF THE OTHER 243 MEMBERS FORTHWITH. ALTERNATIVELY, DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR ALLOTMENT OF SITES AS PERSUADING BY THE PETITIONER SOCIETY IN FAVOUR OF 156 MEMBER IN TERMS OF THEIR GRIEVANCES ADDRESSED UNDER THE REPRESENTATION AS PER ANNEXURE-J DATED 25.03.2024 AS EXPEDITIOUSLY AS POSSIBLE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioner is before this Court for the third occasion

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seeking similar relief which was sought in earlier writ petition in W.P.No.6152/2014 which was disposed of on 02.06.2014

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NC: 2025:KHC:620 WP No. 11256 of 2024

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directing the respondent-State Government to consider the representation of the petitioner-association. Thereafter petitioner approached this Court once again by filing writ petition in W.P.No.11891/2020 which was disposed of on 05.11.2020 issuing similar direction.

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Learned counsel for petitioner submits that pursuant to the said order respondent-BDA had opened up the file and several proceedings had taken place as per Annexure-D but no positive action has been taken till date.

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However, respondent-BDA by endorsement dated 18.03.2024 has stated that there appears to be some suspicion with regard to allotment of sites in respect of 153 members and

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that the requisition of the petitioner would be considered after detailed verification in accordance with law. Since no action is taken, yet again the petitioner is before this Court.

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Heard and perused the records.

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Endorsement dated 18.03.2024 reads as under:

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�ೆಂಗಳ�ರು ಅ�ವೃ�� ಾ��ಾರ Bangalore Development Authority

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�. �ೌಡಯ� ರ�ೆ�, ಕು�ಾರ �ಾ�� ಪ!"ಮ �ೆಂಗಳ�ರು-560 020

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¸ÀASÉå:¨ÉAC¥Áæ/GPÁ-4/7942/2023-24 ¢£ÁAPÀ:18/03/2024

¶36

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NC: 2025:KHC:620 WP No. 11256 of 2024

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$ಂಬರಹ

¶39

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¶40

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¶42

ಈಗ 6ಾವ7 ಸ458ರುವ ಮನ'ಯ45 399 KBಾ!�ತ?Eೆ KFೇಶನಗಳನುH ಹಂ\�ೆ �ಾಡಲು �ೋ?ರುವಂ6ೆ ಕಡತದ45 399 ರ ಜನ KBಾ!�ತರ ಬEೆU ಉVೆ5ೕಖFಾSರುವ7�ಲ5. ಅದJ?ಂದ ಈ ಬEೆU �ಾ��ಾರದ ಕಡತದ45 ಉCದ 156 ಜನ KBಾ!�ತರ ಬEೆU �ಾ��ಾರದ ಆರaಕ ಅ�ೕaಕರವರು ವರ�ಯನುH KೕG "ತಮ+ ಸಂಘದ KBಾ!�ತರ ಸಂ:ೆ�ಯನುH 243 ಎಂಬು_ಾS .C8ರು6ಾ�Bೆ . ಆದBೆ �*ಾಂಕ 18.11.2020 ರ ಮನ'ಯ45 ಇದJI=ದJಂ6ೆ 399 ಗುGಸಲುಗಳನುH 1984 *ೇ �ಾ4ನ45 *ೆಲಸಮEೊC8ರುವ7_ಾS .C8. ಉC�ೆ 153 KFೇಶನಗಳನುH ಹಂ\�ೆ �ಾಡಲು �ೋ?ರುವ7ದು ಸಂಶcಾಸ2ದFಾSರುತ�_ೆ ' ಎಂದು ವರ�ಯನುH KೕGರು6ಾ�Bೆ .

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ಈ $*ೆHVೆಯ45 Kಮ+ ಮನ'ಯ ಬEೆU ಕೂಲಂಕುಶFಾS ಪ?!ೕ48, Kಯ�ಾನು�ಾರ ಕ�ಮ�ೈEೊಳDVಾಗುವ7_ೆಂದು ಈ ಮೂಲಕ .CಸVಾS_ೆ .

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NC: 2025:KHC:620 WP No. 11256 of 2024

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Perusal of it indicates that respondent-BDA has neither rejected nor declined to consider the representation of the petitioner. On the other hand has expressed its apprehension with regard to claim of 153 members and has further stated that it would take necessary action after due verification of the records. In that view of the matter there appears to be no cause of action for the petitioner to come to this Court at this juncture.

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Writ petition is disposed of.

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Notwithstanding the same, respondent-BDA to expedite

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the process in considering the representation of the petitioner at any rate within an outer limit of six months from the date of

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receipt of certified copy of this order.

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SD/(M.G.S. KAMAL) JUDGE

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SBN